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UPHOLDS THE JOCKEY CLUB COUNTY ATTORNEY TAKES SIDES WITH RACING- MANAGEMENT AT BUTTE, Disagrees with Attorney for Those Who Aro Trying to Bring About Curtailment of Meeting Now Going on in Montana City. Butte. Mont., August S. Former Judge G. M. Bourquin lias boon retained liy those who are endeavoring to shut off further racing hen-. The interpretation of the law hinges upon a technicality in which the meaning of the word "such" in Hie statute limiting racing in Montana is the issue. The ltutte Jockey Club officials contend that the word "such" means one particular track and that any number of race meetings can be held in the county provided they are held on separate and distinct tracks. Opinions from Judge I!ouriuiu and from Comity Attorney Thomas J. Walker take issue with 4ach other on the intent of the law. Mr. Walker holds that the law is to be interpreted as meaning that racing is limited in first-class counties to thirty days in one inclosure and not to the county, while Judge Bourquin holds that the intent of the law and the legislature was to limit racing to thirty days each year in Silver Bow County. It is probable that complaints will be sworn to tomorrow charging some of the bookmakers at the track with violating the anti-race track gambling law. An effort will bo made to have a speedy hearing of the charge in the district court in order that a ruling may be had on the section of the law under discussion. County Attorney Walker has given out the following statement for publication: "On Wednesday. August 2, a committee of about fifteen, comprising business men of the city, and among them several members of the Driving Club, called upon me in my otlice in the State Savings Bank building to ascertain my attitude upon the racing question. The matter was discussed between them and me quite freely, and without auy attempted evasions. "The committee asked me what I thought of the law passed in 1!09 referring to race track betting, and submitted to me a copy of what purported to be an opinion of Judge George M. Bourquin. hold-Liiig that only thirty days racing with betting could -Vie had in counties of the tirst class. I told the committee that 1 had given the question much attention and had made a search of the authorities in the different states and had liecn unable to find any decision rendered in the United .States upon a similar state of facts. I further advised that I had read over the law of 1000 most carefully, and it being a penal statute its construction must necessarily be according to the strictest letter and that ; no intendments of the legislative body could be read into the act or nothing implied from the language 1 of the act which was not expressly stated therein, and that from my careful reading of the same, together ; with the search I have made for decisions in point, I have come to the conclusion that the ; Butte Jockey Club would not be violating the law by running races for the thirty days as advertised. "1 further said, however, that I realized the importance of the question involved, and did not wish 1 to be understood to be taking any arbitrary stand, and would be most willing to test the matter in the ; courts. With that purpose in view I suggested that if reliable and responsible members of their committee i would come to my ollice when in their opinion there had been a violation of the law, that 1 would prepare a complaint, have them sign it. and have a warrant issued from any justice court : they might decide ujmhi. and bring the matter to an . issue as any other violation of law. I went further than this in my efforts to bo fair in the matter, and stated to one of their committee that in view ; of the fact that they had retained counsel, I would be willing to make an exception in this case and permit whatever counsel they had retained to appear . and assist me in the prosecution. That is the substance of the interview, and expresses my attitude in the whole matter. "Generally speaking the law is clear and can be , Interpreted by layman as well as lawyer, and for ; the information of the general public I recite section 1!, which covers the portion relating to violations of the law. which is. as follows: " Whenever, during thirty days, whether consecutive or not, in any calendar year, in any county of 1 r the tirst class, and whenever during fourteen days, whether consecutive or not, .in any calendar year, in any county not a county-iff the first class, there have been bets or wagers made, or reported or recorded or registered upon the result of any contest l of speed or skill or endurance of animal or beast l uon any enclosed race track or fair grounds, it shall thereafter be unlawful during such calendar year to make, or report, or record, or register any . wager or bet upon the result of any contest of speed or skill or endurance of animal or beast held within such inclosure." "A careful reading of the portions of the section quoted will. I am satisfied, convince the reader that : my position is at least honestly taken, if not correct, and as far as my office is concerned I expect to take the matter up as every other case of a , . similar nature is taken up, and 1 see no reason why any more importance should attach to it than the , violation, if there be a violation, of any other penal statute, and if it is decided finally that there has been "a violation of the law I will forthwith stop any further violation thereof." Butte, Mont., August 8. Ierfect racing conditions prevailed here today and the attendance was of large ! proportions. Outsiders were again successful, capturing all of the races except the feature, which was won by Fern L., a local favorite that led from start to finish. Jockey Herman Rottig. who was suspended at the Juarez meeting last winter, was today ruled off the turf, together with valet T. McBride. lie Is alleged to have offered money and shares in bets to jockeys riding here. This ruling is in line with that against owner It. Little, who was recently suspended, and further developments are expected I to implicate a plunger whose betting operations Ik have been the sensation of the meeting here and at If Lagoon.
